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Shelley v. State, Department of Financial Services

Citations: 846 So. 2d 577; 2003 Fla. App. LEXIS 6032; 2003 WL 1961440Docket: No. 1D01-4452

Court: District Court of Appeal of Florida; April 28, 2003; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the appellants challenged the sufficiency of the notice provided to them regarding their right to request an administrative hearing after a fine was imposed. They argued that their constitutional rights were violated because the notice sent via certified mail to their provided address was returned unclaimed, while subsequent uncertified mail to the same address was received. The court, however, upheld the adequacy of the notice, referencing Dusenbery v. United States, which supports the sufficiency of mailed notice, even if not actually received. The court applied the legal standard from Mullane v. Central Hanover Bank Trust Co., which requires that notice be 'reasonably calculated' to inform parties of proceedings, rather than ensuring actual receipt. The ruling was affirmed, with the majority concluding that imposing a requirement for actual notice would create undue burdens without substantial benefits. Judges Davis and Benton concurred in the judgment, while Judge Ervin dissented, offering a contrary opinion.

Legal Issues Addressed

Actual vs. Attempted Notice

Application: The court determined that while the state must attempt to provide actual notice, there is no requirement that the notice be received by the party.

Reasoning: The court clarified that while Mennonite Bd. of Missions v. Adams requires a state to attempt to provide actual notice, it does not mandate actual notice be received.

Due Process and Notice Requirements

Application: The court applied the standard that notice must be 'reasonably calculated' to inform the interested parties, rather than mandating actual receipt of notice.

Reasoning: The standard established in Mullane v. Central Hanover Bank Trust Co. was applied, focusing on whether notice was 'reasonably calculated' to inform interested parties of the proceedings.

Sufficiency of Mailed Notice

Application: The court held that mailing notice via certified mail to the address provided was sufficient to meet due process requirements, despite the notice being returned unclaimed.

Reasoning: The court held that mailing notice met both state and federal due process standards in this case, referencing Dusenbery v. United States, which affirmed the adequacy of mailed notice.